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Res 2005-127
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Res 2005-127
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8/27/2007 8:25:27 AM
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8/27/2007 8:22:51 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-127
Date
9/20/2005
Volume Book
163
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<br />City of San Marcos/Guadalupe-Blanco River Authority Service Contract <br />Water Treatment Facilities Operations Article VIII - Maintenance. Repair and Replacement <br /> <br />term of the Service Contract. In addition, the Authority shall ensure that the value of all spare <br />parts inventory and Consumables at the end of the Term shall be equal to the value of such <br />inventory at the beginning of the Term. <br />SECTION 8.3. PERIODIC MAINTENANCE INSPECTIONS. (A) Annual <br />Maintenance Inspection. The City may, upon reasonable written notice, perform an inspection <br />of the Facilities and relevant records of the Authority each Contract Year to determine <br />compliance with the Contract Standards generally. The Authority shall cooperate fully with <br />such inspection, which shall not interfere unreasonably with the Authority's performance of <br />the Contract Services. <br />(B) Triennial Inspections. Beginning in the third Contract Year, and the <br />every third Contract Year thereafter, the City may conduct a more detailed inspection and <br />review of the state of repair, working condition and performance capability of the Facilities. <br />This inspection and review shall be performed by or on behalf of the City at the City's expense, <br />and shall take place at such time as the City shall determine upon three months' written notice <br />to the Authority. The principal purpose of the inspection and review shall be to permit the City <br />to ascertain on a comprehensive and focused basis the extent to which the Facilities are being <br />properly maintained, repaired and replaced in accordance with the Contract Standards <br />generally. The inspection shall include a concurrent review of all relevant data, records and <br />reports. The Authority shall cooperate fully with such inspections, which shall not interfere <br />unreasonably with the Authority's performance of the Contract Services. The City shall provide <br />the Authority with a report of any such inspections within 30 days of receipt of the completed <br />report, and the City shall give the Authority an opportunity to respond to the report. <br />(C) Response Plan. Based on the annual operations and maintenance <br />reports submitted by the Authority pursuant to Section 6.15 or the annual or triennial <br />inspections and reviews conducted pursuant to this Section, the City may submit a statement <br />to the Authority detailing any deficiencies found and requiring the Authority to submit a <br />response plan. The response plan shall be sufficient to reasonably demonstrate that, if <br />implemented, the Facilities will be promptly brought into compliance with the requirements of <br />this Article. If the City accepts the response plan, the Authority shall thereupon implement the <br />plan in accordance therewith. Failing any required corrective action, the Service Fee payments <br />may be reduced by the amount of the actual costs of remediation, if any, until the costs are <br />fully recovered by the City. Any disputes with respect to the cause or amounts specified in the <br />City's statement, not resolved to the mutual satisfaction of the parties, shall be determined as <br />provided in Section 11.9. <br />(D) Unscheduled Inspections. Nothing in this Section shall limit the City's <br />right, on an unscheduled basis, to inspect the Facilities and relevant records of the Authority <br />to determine compliance with this Article. <br /> <br />58 <br />
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